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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 113

About approval of Rules of creation of the supervisory board in the state companies on the right of economic maintaining, requirements imposed to persons elected in structure of the supervisory board, and also Rules of competitive selection of members of the supervisory board and early termination of their powers

(as amended on 26-02-2018)

According to Item 2 of article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" PRIKAZYVAYU:

1. Approve:

1) Rules of creation of the supervisory board in the state companies on the right of economic maintaining according to appendix 1 to this order;

2) Requirements imposed to persons elected in structure of the supervisory board in the state companies on the right of economic maintaining according to appendix 2 to this order;

3) Rules of competitive selection of members of the supervisory board and early termination of their powers according to appendix 3 to this order.

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

It is approved

Minister of Education and Science of the Republic of Kazakhstan

February 20, 2015

 

________ A. Sarinzhipov

It is approved

Minister of health and social development of the Republic of Kazakhstan

February 10, 2015

 

________ T. Duysenova

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of February 20, 2015 No. 113

Rules of creation of the supervisory board in the state companies on the right of economic maintaining

1. These rules are developed according to Item 2 of article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and determine procedure for creation of the supervisory board in the state companies on the right of economic maintaining in education and health.

2. Creation of the state company on the right of economic maintaining with the supervisory board in education and health, and also introduction of the supervisory board in the operating state companies on the right of economic maintaining in education and health corresponding to the criteria shown to the state companies on the right of economic maintaining approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 20, 2015 No. 114, registered in the Register of the state registration of regulatory legal acts at No. 10507, are performed based on the decision of the Government of the Republic of Kazakhstan or local executive body.

3. After decision making of the Government of the Republic of Kazakhstan (local executive body) about introduction of the supervisory board in the state company on the right of economic maintaining or creation of the state company on the right of economic maintaining with the supervisory board authorized body of the corresponding industry (local executive body):

approves regulations on the supervisory board, procedure for convocation and holding meetings of the supervisory board;

makes competitive candidate screen in members of the supervisory board according to the Rules of competitive selection of members of the supervisory board and early termination of their powers approved by this order; creates and approves structure of the supervisory board.

4. The number of members of the supervisory board in the state companies on the right of economic maintaining odd also constitutes at least five people who are not in the relations of close relationship and property with each other and the head of the state company on the right of economic maintaining.

Members of the supervisory board do not enter into staff of employees of the state company on the right of economic maintaining, except for the head of the state company. The chairman of the supervisory board is elected from among members of the supervisory board by a majority vote members of the supervisory board. The head of the state company is not candidate for election as the Chairman of the supervisory board.

5. The representatives of authorized body of the corresponding industry (local executive body), the head of the state company on the right of economic maintaining and person elected on competitive basis according to the Rules of competitive selection of members of the supervisory board and early termination of their powers approved by this order are part of the supervisory board.

6. According to Item 3 of article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property", the term of office of members of the supervisory board of the state company on the right of economic maintaining constitutes three years.

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of February 20, 2015 No. 113

Requirements imposed to persons elected in structure of the supervisory board in the state companies on the right of economic maintaining

1. Requirements imposed to persons elected in the supervisory board in the state companies on the right of economic maintaining in education include availability of the higher education, and also one of the following requirements:

1) work experience at least ten years in education;

2) experience of the leading work (the head of the legal entity or his deputies) at least five years in education;

3) memberships in public associations in education.

1-1. Requirements imposed to persons elected in the supervisory board in the state companies on the right of economic maintaining in health sector include availability of the higher education, and also one of the following requirements:

1) experience of work in health sector or on profile of the organization and (or) economies/finance and (or) business and (or) it is right at least 5 years;

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